McCue et al v. South Fork Union School District et al

Plaintiff: Gracie Darlene McCue, Lawrence Gene McCue and P. M.
Defendant: Child Protective Services, South Fork Union School District, Robin Shive, Shannon Damron, Karen Zurin, Sabine Mixion, Kern County, Kern County Child Protective Services, Kern County Department of Human Services, Linda Lopez, Gabriela Johnson, Kern County Sheriff's Department, James Stratton, Rick Koernke and Sandy Koerneke
Case Number: 1:2010cv00233
Filed: February 11, 2010
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Fresno
Presiding Judge: Lawrence J O'Neill
Referring Judge: Michael J Seng
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 27, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2012 Filing 105 ORDER GRANTING #104 Stipulation for Dismissal with prejudice, each party to bear his or her own costs and attorneys' fees; ORDERED Trial Date of January 29, 2013 is VACATED, signed by District Judge Lawrence J. O'Neill on 8/27/2012. CASE CLOSED(Martin-Gill, S)
August 27, 2012 Filing 104 STIPULATION and PROPOSED ORDER for Dismissal by Gracie Darlene McCue. (Attachments: #1 Proposed Order)(Powell, Robert)
July 23, 2012 Filing 103 ORDER ON PETITION FOR MINOR'S COMPROMISE (ECF No. 97 and 100) signed by Magistrate Judge Michael J. Seng on 07/20/2012. (Yu, L)
June 14, 2012 Filing 102 MINUTE ORDER: (TEXT ENTRY ONLY) PLEASE NOTE: Plaintiffs' Motion to Approve Consent Judgment, document #100 , is mistakenly entered on the docket under that title. The document should correctly be noticed as an Amended Ex Parte Petition for Minor's Compromise, and will be denoted as such. Said document, the Amended Ex Parte Petition for Minor's Compromise, originally noticed for hearing on June 18, 2012, before Judge Lawrence J. O'Neill, was renoticed by the Court, pursuant to the minute order of June 13, 2012, document 101 , to be heard on July 6, 2012, before Magistrate Judge Michael J. Seng. The matter shall be deemed submitted without a hearing pursuant to FRCP 78 and Local Rule 230(g). The reserved July 6, 2012, hearing is VACATED. The Court will rule on the Amended Ex Parte Petition based upon the papers on file. (Rooney, M)
June 13, 2012 Filing 101 MINUTE ORDER: (TEXT ENTRY ONLY) The Motion to Approve Consent Judgment, document #100 , currently noticed for hearing on 6/18/2012 before Judge Lawrence J. O'Neill, will now be heard on 7/6/2012 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. (Rooney, M)
June 12, 2012 Filing 100 DOCKET CORRECTION as follows: The instant MOTION to APPROVE CONSENT JUDGMENT Amended filed by Gracie Darlene McCue, document #100 , should CORRECTLY BE NOTICED AS AN AMENDED EX PARTE PETITION FOR MINOR'S COMPROMISE. Motion Hearing set for 6/18/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Declaration Robert R. Powell, #2 Declaration Shawn A. McMillan, #3 Declaration Robert R. Powell - Supplemental, #4 Proposed Order Approving Amended Petition)(Powell, Robert) Modified on 6/14/2012 (Rooney, M).
May 30, 2012 Filing 99 MINUTES (Text Only) for proceedings held before Magistrate Judge Michael J. Seng: STATUS CONFERENCE held on 5/30/2012. Parties appeared telephonically. Court raises concerns with Minors Compromise. Plaintiff shall file a supplemental declaration addressing the concerns raised by the Court. Plaintiffs Counsel Robert Powell present. Defendants Counsel Marshall S. Fontes present. (Yu, L)
May 23, 2012 Filing 98 Plaintiff's Ex Parte Petition for Minor's Compromise #97 is DENIED without prejudice. A hearing will be held at 1:30 p.m., Wednesday, May 30, 2012 in Yosemite Courtroom for the purpose of advising the moving parties of information that must be provided before the Court can undertake to evaluate the proposed settlement. All parties, including counsel for moving parties, are invited to appear telephonically by calling Court Call at 1-866-582-6878, signed by Magistrate Judge Michael J. Seng on 05/23/2012. (Yu, L)
May 18, 2012 Filing 97 MOTION to APPROVE CONSENT JUDGMENT Ex-Parte Petition for Minor's Compromise by Gracie Darlene McCue. Motion Hearing set for 6/18/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Declaration Robert R. Powell, #2 Declaration Shawn A. McMillan, #3 Proposed Order)(Powell, Robert)
April 5, 2012 Filing 96 MINUTE ORDER: (***TEXT ONLY***) Motion to Compel set before Magistrate Judge Sandra M. Snyder is taken off calendar. Prior to filing a discovery motion with,the parties are required to participate in telephonic Discovery Dispute Conference with Magistrate Judge Seng. Please refer to Magistrate Judge Seng's court information under the Yosemite icon on the U.S. District Court website for further information. (Yu, L)
April 4, 2012 Filing 95 MOTION to COMPEL Further Deposition Testimony and Production of Documents by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin. Motion Hearing set for 4/25/2012 at 10:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (DeMaria, Anthony)
January 30, 2012 Filing 94 STIPULATION and ORDER EXTENDING THE DEADLINES IN AMENDED SCHEDULING CONFERENCE ORDER (DOC No. 78). Non- Expert Discovery Cut-Off: 7/15/2012., Expert Discovery Cut-Off : 8/7/2012.,Non-Dispositive Motions filed by 8/25/2012., Dispositive Motions filed by 8/30/2012, Dispositive Motion Hearing set for 10/1/2012 at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill., Settlement Conference set for 10/26/2012 at 01:30 PM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng,Pretrial Conference set for 12/18/2012 at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill., Jury Trial set for 1/29/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill, signed by Magistrate Judge Michael J. Seng on 1/30/2012. (Yu, L)
January 24, 2012 Filing 93 STIPULATION and PROPOSED ORDER for Extending the Deadline in Amended Scheduling Conference Order (Doc No. 78) by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin. (DeMaria, Anthony)
January 17, 2012 Filing 92 TRANSCRIPT of Proceedings held on 5/16/2011, before Senior Judge Oliver W. Wanger. MOTION TO DISMISS HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/9/2012. Redacted Transcript Deadline set for 2/17/2012. Release of Transcript Restriction set for 4/16/2012. (Figueroa, O)
November 7, 2011 Filing 91 MINUTE ORDER: (***TEXT ONLY***) SCHEDULING CONFERENCE set for 1/12/2012 at 1:30 PM before Magistrate Judge Michael J. Seng in Courtroom 6 (MJS) is VACATED. (Yu, L)
November 7, 2011 Filing 90 MINUTE ORDER: (***TEXT ONLY***)The Parties are ORDERED to complete all Non-Expert Discovery on or before 3/15/2012. (Yu, L)
November 4, 2011 Filing 89 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Gracie Darlene McCue. (Powell, Robert)
November 4, 2011 Filing 88 REQUEST for Correction of First Page of Amended Scheduling Conference Order (Document No. 78) by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin re #78 Scheduling Order, Set/Reset Deadlines and Hearings,,,,,,. (Attachments: #1 Exhibit Exhibit A)(Pai, Anil)
November 4, 2011 Filing 87 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Child Protective Services, Gabriela Johnson, Kern County, Kern County Sheriff's Department, Linda Lopez, James Stratton. (Nations, Mark)
November 1, 2011 Filing 86 MINUTE ORDER: (***TEXT ONLY***) Scheduling Conference set for 1/12/2012 at 1:30 PM before Magistrate Judge Michael J. Seng is VACATED.(Yu, L)
October 27, 2011 Filing 85 MINUTE ORDER: (TEXT ENTRY ONLY) Pretrial Conference currently set for 9/17/2012 has been moved to 9/19/2012 at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Kusamura, W)
October 21, 2011 Filing 84 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin. (DeMaria, Anthony)
October 19, 2011 Filing 83 MINUTE ORDER: (***TEXT ONLY***) Scheduling Conference is set for 1/12/2012 at 01:30 PM in the Chambers of Magistrate Judge Michael J. Seng. Parties may appear telephonically by making reservations through Court Call at 866-582-6878. Please send confirmations to mjsorders@caed.uscourts.gov. A Joint Scheduling Report executed by all counsel shall be filed in CM/ECF at least one (1) full week prior to the Scheduling Conference. (Yu, L)
October 14, 2011 Filing 82 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Sandy Koerneke, Rick Koernke. (Noriega, Robert)
October 5, 2011 Filing 81 MINUTE ORDER: (TEXT ENTRY ONLY) A telephonic discovery dispute conference (relating to deposition locations) was held by Magistrate Judge Michael J. Seng October 4, 2011. Appearances were: Robert Powell on behalf of plaintiffs, Anthony DeMaria on behalf of South Fork Union School District, Mark Nations on behalf of the Kern County defendants, and Robert Noriega on behalf of the Koernke defendants. After considering the points and authorities raised by counsel and all surrounding circumstances, including the convenience of all the parties, their counsel, and the particularly large number of witnesses to be deposed, the Court concluded that absent the parties' agreement to the contrary, Bakersfield was the most reasonable location for depositions to be taken in this case. The Court further advised that if a motion were filed on this issue without reference to significantly different facts or law than that discussed, the parties should expect the Court's Order to reflect this conclusion and also expect the Court to look with disfavor on any party whose actions necessitated such a motion. (Rooney, M)
October 5, 2011 Filing 80 ORDER by Chief Judge Anthony W. Ishii: Due to the impending retirement of Senior U.S. District Judge Oliver W. Wanger, the assignment of this action to him is hereby withdrawn. This action remains assigned only to the previously assigned U.S. Magistrate Judge. The parties must complete the attached consent form and indicate whether or not they consent to U.S. Magistrate Judge jurisdiction. All previously set hearing dates occurring within 60 days of this order are vacated. (Attachments: #1 Consent Form) (Robles, S)
October 3, 2011 Filing 79 MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to a request by the parties, a TELEPHONIC DISCOVERY DISPUTE CONFERENCE is set for 10/4/2011 at 03:00 PM with Magistrate Judge Michael J. Seng. The parties are INSTRUCTED to submit, by noon on 10/4/2011, a one-page summary outlining the issues to be discussed, and forward same to mjsorders@caed.uscourts.gov for the Judge's review. The parties are also reminded to facilitate on a one-line conference call, using Court Call (866-582-6878), at the designated time. (Rooney, M)
September 29, 2011 Filing 78 AMENDED SCHEDULING CONFERENCE ORDER, signed by Senior Judge Oliver W. Wanger on 9/27/2011. (Non-Dispositive Motion Hearing set for 7/27/2012 at 09:30 AM in Courtroom 6 (DLB) before Magistrate Judge Dennis L. Beck, Dispositive Motion Hearing set for 8/13/2012 at 10:00 AM in Courtroom 3 (DLB) before Magistrate Judge Dennis L. Beck) Discovery due by 6/15/2012. Non-Dispositive Motions filed by 6/29/2012. Dispositive Motions filed by 7/13/2012, Settlement Conference set for 6/28/2012 at 01:30 PM in Courtroom 6 (DLB) before Magistrate Judge Dennis L. Beck. Pretrial Conference set for 9/17/2012 at 11:00 AM in Courtroom 3 (OWW) before Senior Judge Oliver W. Wanger. Jury Trial set for 10/30/2012 at 09:00 AM in Courtroom 3 (OWW) before Senior Judge Oliver W. Wanger.(Fahrney, E)
August 4, 2011 Filing 77 NOTICE of Omission in the Scheduling Conference Order and Request for Amendment by Shannon Damron, Robin Shive, South Fork Union School District, Karen Zurin re #75 Scheduling Order, Set/Reset Deadlines and Hearings,,,,,,. (DeMaria, Anthony)
July 11, 2011 Filing 76 FIRST AMENDED ANSWER to #56 Complaint, with Jury Demand by Sandy Koerneke, Rick Koernke.(Noriega, Robert)
July 11, 2011 Filing 75 SCHEDULING CONFERENCE ORDER signed by Judge Oliver W. Wanger on 7/8/2011. (Initial Disclosure Deadline: 7/29/2011; Designation of Expert Witnesses due by 3/15/2012; Non-expert Discovery Deadline: 3/15/2012; Discovery due by 6/15/2012; Settlement Conference set for 6/28/2012 at 01:30 PM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng; Non-Dispositive Motions filed by 6/29/2012; Dispositive Motions filed by 7/13/2012; Non-Dispositive Motions Hearing set for 7/27/2012 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng; Dispositive Motions Hearing set for 8/13/2012 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Pretrial Conference set for 9/17/2012 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Jury Trial set for 10/30/2012 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O)
July 8, 2011 Filing 74 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: SCHEDULING CONFERENCE held on 7/8/2011. Court order to follow. Plaintiffs Counsel R Powell present. Defendants Counsel M Nations & R Noriega (Telephonic) G Hunt present. (Kusamura, W)
July 5, 2011 Filing 73 ORDER SUBSTITUTING ATTORNEY, signed by Judge Oliver W. Wanger on 6/30/2011. Added Attorney Robert R. Powell. Terminated Attorneys Ralph B. Wegis, Michelle D. Palla, Donnie R. Cox, Dennis B. Atchley, and Paul W. Leehey for Plaintiff's Gracie D. McCue, Lawrence G. McCue and P. M.. (Marrujo, C)
July 1, 2011 Filing 72 SUPPLEMENT by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin re #71 Statement. (DeMaria, Anthony)
July 1, 2011 Filing 71 STATEMENT of JOINT INITIAL SCHEDULING CONFERENCE by Plaintiffs P. M., Gracie Darlene McCue, Lawrence Gene McCue. Attorney Powell, Robert Ross added. (Powell, Robert)
June 30, 2011 Filing 70 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by P. M., Gracie Darlene McCue, Lawrence Gene McCue. (McMillan, Shawn)
June 20, 2011 Filing 69 ANSWER to #56 Complaint, with Jury Demand by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin.(DeMaria, Anthony)
May 31, 2011 Filing 68 NOTICE Plaintiffs Statement of Intent Regarding Filing Fifth Amended Complaint by P. M., Gracie Darlene McCue, Lawrence Gene McCue re #67 Memorandum, Opinion & Order, Set/Reset Deadlines and Hearings. (Attachments: #1 Declaration Certificate of Service)(Cox, Donnie)
May 24, 2011 Filing 67 MEMORANDUM DECISION and ORDER Regarding Defendants' #58 Motion to Dismiss Plaintiffs' Fourth Amended Complaint signed by Judge Oliver W. Wanger on 5/23/2011. ( Amended Complaint due by 6/14/2011) (Figueroa, O)
May 16, 2011 Filing 66 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 5/16/2011. #58 Motion to Dismiss was argued and submitted, written decision to issue. Plaintiffs will have 20 days to amend. Plaintiffs Counsel R. Wegis telephonically present. Defendants Counsel A. DeMaria present and R. Noriega weas telephonically present. Court Reporter/CD Number: ECRO. (Gaumnitz, R)
May 9, 2011 Filing 65 REPLY by South Fork Union School District re #58 MOTION to DISMISS. (Pai, Anil)
May 5, 2011 Filing 64 NOTICE of Errata by P. M., Gracie Darlene McCue, Lawrence Gene McCue re #63 Opposition to Motion. (Attachments: #1 Declaration Of Service)(Cox, Donnie)
May 2, 2011 Filing 63 OPPOSITION by Gracie Darlene McCue to #58 MOTION to DISMISS. (Attachments: #1 Declaration Proof of Service)(Cox, Donnie)
April 1, 2011 Filing 62 ANSWER with Jury Demand by Sandy Koerneke, Rick Koernke.(Noriega, Robert)
March 31, 2011 Filing 61 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the status of this case, Initial Scheduling Conference previously set for 4/8/2011 has been continued to 7/8/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) **Joint Scheduling Conference Statements are required and must be electronically filed in CM/ECF 7 days before the hearing date and shall be emailed, in WordPerfect or Word format, to owworders@caed.uscourts.gov**. (Kusamura, W)
March 28, 2011 Filing 60 REQUEST for JUDICIAL NOTICE by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin in re #59 Memorandum in Support of Motion, #58 Motion to Dismiss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(DeMaria, Anthony)
March 28, 2011 Filing 59 MEMORANDUM by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin in SUPPORT of #58 MOTION to DISMISS. (DeMaria, Anthony)
March 28, 2011 Filing 58 MOTION to DISMISS by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin. Motion Hearing set for 5/16/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (DeMaria, Anthony)
March 25, 2011 Filing 57 ANSWER to #56 Complaint, by Child Protective Services, Gabriela Johnson, Kern County, Kern County Sheriff's Department, Linda Lopez, James Stratton.(Nations, Mark)
March 11, 2011 Filing 56 COMPLAINT Fourth Amended against Child Protective Services, Shannon Damron, Gabriela Johnson, Kern County, Kern County Sheriff's Department, Sandy Koerneke, Rick Koernke, Linda Lopez, Sabine Mixion, Robin Shive, South Fork Union School District, James Stratton, Karen Zurin by Gracie Darlene McCue. (Attachments: #1 Proof of Service)(Atchley, Dennis)
March 1, 2011 Filing 55 ORDER Granting Defendants' Motion to Dimiss; Plaintiff Shall File an Amended Complaint within Ten (10) days for the Filing of this Order signed by Judge Oliver W. Wanger on 02/22/2011. (Flores, E)
February 25, 2011 Filing 54 TRANSCRIPT of Proceedings held on 1/31/2011, TELEPHONIC MOTION TO DISMISS, before Judge Oliver W. Wanger, filed by Court Reporter Gail Thomas, Phone number 559-266-0609 E-mail gthomascrr@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/18/2011. Redacted Transcript Deadline set for 3/28/2011. Release of Transcript Restriction set for 5/26/2011. (Thomas, G)
February 24, 2011 Filing 53 MINUTE ORDER: (Text Entry Only) Due to the status of this case, Initial Scheduling Conference previously set for 3/3/2011 has been CONTINUED to 4/8/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Joint Scheduling Conference Statements are required and must be electronically filed in CM/ECF 7 days before the hearing date and shall be emailed, in WordPerfect or Word format, to owworders@caed.uscourts.gov.(Gaumnitz, R)
February 14, 2011 Filing 52 PROPOSED ORDER Proposed Order re #51 Memorandum, Opinion & Order, Order on Motion to Dismiss,, by Gracie Darlene McCue. (Atchley, Dennis)
February 7, 2011 Filing 51 MEMORANDUM DECISION GRANTING defendants' Motion to Dismiss, document #42 , and DIRECTING plaintiff to lodge a formal order consistent with this decision within five (5) days following electronic service of this decision. Plaintiff shall file an amended complaint within ten (10) days of the filing of the order with defendant filing a response within fifteen (15) days of receipt of the amended complaint; order signed by Judge Oliver W. Wanger on 2/7/2011. (Rooney, M)
January 31, 2011 Filing 50 NOTICE Substitution of Attorney by Sandy Koerneke, Rick Koernke. Attorney Noriega, Robert J. added. (Noriega, Robert)
January 31, 2011 Filing 49 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 1/31/2011. #42 Motion to Dismiss was argued, submitted, and GRANTED with leave to amend. Plaintiffs will have 25 days to amend, defense will have 20 days to respond. Written decision to issue. Plaintiffs Counsel B. Rosenberg telephonically present. Defendants Counsel A. DeMaria present. Court Reporter/CD Number: G. Thomas. (Gaumnitz, R)
January 24, 2011 Filing 48 REPLY by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin re #42 MOTION to DISMISS. Attorney Pai, Anil added. (Pai, Anil)
January 17, 2011 Filing 47 OPPOSITION by Lawrence Gene McCue to #42 MOTION to DISMISS. (Attachments: #1 Declaration Proof of Service)(Cox, Donnie)
November 30, 2010 Filing 46 THIRD AMENDED ANSWER to #41 Amended Complaint, with Jury Demand by Rick Koernke.(Huerta, Emilio)
November 30, 2010 Filing 45 THIRD AMENDED ANSWER to #41 Amended Complaint, with Jury Demand by Sandy Koerneke.(Huerta, Emilio)
November 15, 2010 Filing 44 MINUTE ORDER: (Text Entry Only): As Judge Wanger only allows six motions to be set on his civil calendar, #42 Motion to Dismiss previously set for 1/10/2011 has been continued to the next available hearing date, which is 1/31/2011 at 10:00 a.m. in Courtroom 3 (OWW) before Judge Oliver W. Wanger ; Due to the pending #42 Motion to Dismiss in this case, Initial Scheduling Conference previously set for 12/17/2010 has been CONTINUED to 3/3/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Joint Scheduling Conference Statements are required and must be electronically filed in CM/ECF 7 days before the hearing date and shall be emailed, in WordPerfect or Word format, to owworders@caed.uscourts.gov.(Figueroa, O)
November 12, 2010 Filing 43 ANSWER to COMPLAINT by Gabriela Johnson, Kern County, Kern County Sheriff's Department, Linda Lopez, James Stratton.(Nations, Mark)
November 12, 2010 Filing 42 MOTION to DISMISS by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin. Motion Hearing set for 1/10/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Request for Judicial Notice, #2 Points and Authorities, #3 Exhibit A to Points & Authorities, #4 Exhibit B to Points & Authorities, #5 Exhibit C to Points & Authorities, #6 Exhibit D to Points & Authorities, #7 Exhibit E to Points & Authorities)(DeMaria, Anthony)
October 29, 2010 Filing 41 THIRD AMENDED COMPLAINT against Child Protective Services, Shannon Damron, Gabriela Johnson, Kern County, Kern County Sheriff's Department, Sandy Koerneke, Rick Koernke, Linda Lopez, Robin Shive, South Fork Union School District, James Stratton, Karen Zurin by P. M., Lawrence Gene McCue, Gracie Darlene McCue.(McMillan, Shawn) Modified on 1/26/2011 (Gaumnitz, R).
October 18, 2010 Filing 40 ORDER GRANTING, with leave to amend, defendants' Motion to Dismiss filed by Shannon Damron, Robin Shive, Sabine Mixion, Karen Zurin, and South Fork Union School District, document #25 ; amended complaint due by 11/1/2010; response to same due 15 days thereafter; order signed by Judge Oliver W. Wanger on 10/18/2010. (Rooney, M)
October 15, 2010 Filing 39 OBJECTIONS by Defendants Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin. (Attachments: #1 Proposed Order Proposed Order Granting District Defendants' Motion to Dismiss Second Amended Complaint)(DeMaria, Anthony)
October 14, 2010 Filing 38 TRANSCRIPT of Proceedings held on 9/272010, before Judge Oliver W. Wanger. MOTION TO DISMISS HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/4/2010. Redacted Transcript Deadline set for 11/15/2010. Release of Transcript Restriction set for 1/13/2011. (Figueroa, O)
October 13, 2010 Filing 37 PROPOSED ORDER Proposed Order re #25 MOTION to DISMISS by P. M., Gracie Darlene McCue, Lawrence Gene McCue. (McMillan, Shawn)
October 8, 2010 Filing 36 MEMORANDUM DECISION re defendants' Motion to Dismiss, document #25 , ORDERING as follows: plaintiff's defamation-plus claim against defendants Damron, Zurin, Shive, Mixion, and South Fork Union School District is DISMISSED, without prejudice; plaintiff's claim against defendants Damron, Zurin, Shive, Mixion, and South Fork Union School District is DISMISSED, without prejudice; and plaintiff's claims for intentional infliction of emotional distress against defendants Damron, Mixion, and South Fork Union Elementary are DISMISSED, without prejudice; and, plaintiff shall lodge a formal order consistent with this decision within five days following electronic service; plaintiff shall submit an amended complaint as stated in this order; signed by Judge Oliver W. Wanger on 10/8/2010. (Rooney, M)
September 28, 2010 Filing 35 MINUTE ORDER: (Text Entry Only) In light of the Court's ruling re #25 Motion to Dismiss on 9/27/2010, #28 Motion to Strike set for 10/18/2010 has been VACATED; finding as moot. (Gaumnitz, R)
September 27, 2010 Filing 34 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 9/27/2010. #25 Motion to Dismiss was argued and submitted. Memorandum decision to issue. Counsel to prepare an order consistent with the Court's rulings within 10 days following electronic service of memorandum decision. Plaintiff's to file amended complaint by 10/19/2010, Defendants response to amended complaint due 11/2/2010. Plaintiffs Counsel D. Cox and S. McMillian present. Defendants Counsel M. Balch present. Court Reporter/CD Number: ECRO. (Gaumnitz, R)
September 22, 2010 Filing 33 MINUTE ORDER: (Text Entry Only) Due to the status of this case, Initial Scheduling Conference previously set for 10/8/2010 has been CONTINUED to 12/17/2010 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Joint Scheduling Conference Statements are required and must be electronically filed in CM/ECF 7 days before the hearing date and shall be emailed, in WordPerfect or Word format, to owworders@caed.uscourts.gov. (Gaumnitz, R)
September 20, 2010 Filing 32 REPLY by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin re #25 MOTION to DISMISS. (DeMaria, Anthony)
September 13, 2010 Filing 31 OPPOSITION by Gracie Darlene McCue to #25 MOTION to DISMISS. (Attachments: #1 Declaration Of Service)(Atchley, Dennis)
September 13, 2010 Filing 30 ORDER by Chief Judge Anthony W. Ishii: Due to the recent appointment of Magistrate Judge Michael J. Seng to the bench of the Eastern District, this action is REASSIGNED from Magistrate Judge Dennis L. Beck for all further proceedings. (Hutcheson, C)
August 20, 2010 Filing 29 DESIGNATION of COUNSEL FOR SERVICE., attorney Michael Jonathan Stump terminated (Wegis, Ralph)
August 4, 2010 Filing 28 MOTION to STRIKE County Defendants' Affirmative Defenses by P. M., Gracie Darlene McCue, Lawrence Gene McCue. Motion Hearing set for 10/18/2010 at 10:00 AM in Courtroom 3 before Judge Oliver W. Wanger. (Attachments: #1 Points and Authorities, #2 Exhibit Request for Judicial Notice, #3 Declaration, #4 Proof of Service)(McMillan, Shawn)
July 21, 2010 Filing 27 Rick Koernke's ANSWER to AMENDED COMPLAINT by Rick Koernke.(Huerta, Emilio)
July 21, 2010 Filing 26 Defendant Sandy Koernke's ANSWER to AMENDED COMPLAINT by Sandy Koerneke.(Huerta, Emilio)
July 21, 2010 Filing 25 MOTION to DISMISS by Shannon Damron, Sabine Mixion, Robin Shive, South Fork Union School District, Karen Zurin. Motion Hearing set for 9/27/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit Exhibit A to Request for Judicial Notice)(DeMaria, Anthony)
July 21, 2010 Filing 24 Defendants' ANSWER to AMENDED COMPLAINT by Child Protective Services, Gabriela Johnson, Kern County, Kern County Sheriff's Department, Linda Lopez, James Stratton.(Nations, Mark)
June 30, 2010 Filing 23 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the progress of the case the Initial Scheduling Conference currenlty set for 7/9/2010 has been moved to 10/8/2010 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Kusamura, W)
June 21, 2010 Filing 22 SECOND AMENDED COMPLAINT against all defendants by Gracie Darlene McCue. (Attachments: #1 Exhibit Exhibit A, #2 Declaration Proof of Service)(Atchley, Dennis)
May 21, 2010 Filing 21 MEMORANDUM DECISION and ORDER Granting In Part With Prejudice, Granting In Part With Leave to Amend, And Denying In Part Defendants' Motion To Dismiss For More Definite Statement #7 , signed by Judge Oliver W. Wanger on 5/20/2010. (Gaumnitz, R)
May 20, 2010 Filing 20 MINUTE ORDER: (Text Entry Only) Due to the status of this case, Initial Scheduling Conference previously set for 6/10/2010 has been CONTINUED to 7/9/2010 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Joint Scheduling Conference Statements are required and must be electronically filed in CM/ECF 7 days before the hearing date and shall be emailed, in WordPerfect or Word format, to owworders@caed.uscourts.gov. (Gaumnitz, R)
April 23, 2010 Filing 19 TRANSCRIPT of Proceedings held on 4/12/2010, before Judge Oliver W. Wanger. Motions Hearing filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/14/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/22/2010. (Figueroa, O)
April 12, 2010 Filing 18 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING re Motion to Dismiss, document #7 , held on 4/12/2010 - motion argued and submitted. Court to issue written ruling; amendments to complaint due within 30 days of said ruling; response to same due 30 days thereafter. Plaintiffs Counsel D. Cox appearing telephonically present. Defendants Counsel A. DeMaria and M. Nations present. Court Reporter/CD Number: ECRO/O. Figueroa. (Rooney, M)
April 5, 2010 Filing 17 REPLY by South Fork Union School District, Robin Shive, Shannon Damron, Karen Zurin, Sabine Mixion re #7 MOTION to DISMISS. (DeMaria, Anthony)
April 5, 2010 Filing 16 REPLY by Child Protective Services, Linda Lopez, Gabriela Johnson, Kern County Sheriff's Department, James Stratton, Kern County re #15 Opposition to Motion. (Nations, Mark)
March 29, 2010 Filing 15 OPPOSITION by Gracie Darlene McCue to #7 MOTION to DISMISS. (Attachments: #1 Declaration Declaration of Service)(Atchley, Dennis)
March 4, 2010 Filing 14 ANSWER to COMPLAINT by Rick Koernke. Attorney Huerta, Emilio Jesus added.(Huerta, Emilio)
March 4, 2010 Filing 13 ANSWER to COMPLAINT by Sandy Koerneke. Attorney Huerta, Emilio Jesus added.(Huerta, Emilio)
March 1, 2010 Filing 12 CERTIFICATE of SERVICE by South Fork Union School District, Robin Shive, Shannon Damron, Karen Zurin, Sabine Mixion. (Attachments: #1 Exhibit Exhibit A Order Setting Mandatory Scheduling Conference)(DeMaria, Anthony)
February 19, 2010 Filing 11 DEMAND for TRIAL by JURY by Gracie Darlene McCue, Lawrence Gene McCue, P. M.. (Stump, Michael)
February 18, 2010 Filing 10 JOINDER by Child Protective Services, Linda Lopez, Gabriela Johnson, Kern County Sheriff's Department, James Stratton, Kern County in re #7 MOTION to DISMISS filed by Shannon Damron, Robin Shive, Sabine Mixion, Karen Zurin, South Fork Union School District. (Nations, Mark)
February 16, 2010 Filing 9 MEMORANDUM by South Fork Union School District, Robin Shive, Shannon Damron, Karen Zurin, Sabine Mixion in SUPPORT of #7 MOTION to DISMISS. (DeMaria, Anthony)
February 16, 2010 Filing 8 REQUEST for JUDICIAL NOTICE by South Fork Union School District, Robin Shive, Shannon Damron, Karen Zurin, Sabine Mixion. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2)(DeMaria, Anthony)
February 16, 2010 Filing 7 MOTION to DISMISS by South Fork Union School District, Robin Shive, Shannon Damron, Karen Zurin, Sabine Mixion. Motion Hearing set for 4/12/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (DeMaria, Anthony)
February 12, 2010 Filing 6 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 6/10/2010 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Consent Forms, #2 VDRP Forms) (Jessen, A)
February 12, 2010 RECEIPT number #CAE100009878 $350.00 fbo South Fork Union School by Anthony N DeMaria on 2/12/2010. (Bradley, A)
February 11, 2010 Filing 4 CERTIFICATE of SERVICE by South Fork Union School District, Robin Shive, Shannon Damron, Karen Zurin, Sabine Mixion. (Attachments: #1 Exhibit Ex. A - part 1, #2 Exhibit Ex. A part 2, #3 Exhibit Ex. B part 1, #4 Exhibit Exhibit B part 2, #5 Exhibit Exhibit C part 1, #6 Exhibit Exhibit C part 2)(DeMaria, Anthony)
February 11, 2010 Filing 3 NOTICE of Compliance by South Fork Union School District, Robin Shive, Shannon Damron, Karen Zurin, Sabine Mixion. (Attachments: #1 Exhibit Ex. A to Compliance - part 1, #2 Exhibit Ex. A to Compliance - part 2)(DeMaria, Anthony)
February 11, 2010 Filing 2 CIVIL COVER SHEET by South Fork Union School District, Robin Shive, Shannon Damron, Karen Zurin, Sabine Mixion (DeMaria, Anthony)
February 11, 2010 Filing 1 NOTICE of REMOVAL from Kern County, case number S-1500-cv-266608. by South Fork Union School District, Robin Shive, Shannon Damron, Karen Zurin, Sabine Mixion. (Attachments: #1 Exhibit Ex. A to Remval, #2 Exhibit Ex. B to Removal, #3 Exhibit Ex. C to Removal)(DeMaria, Anthony)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: McCue et al v. South Fork Union School District et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Child Protective Services
Represented By: Mark Lloyd Nations
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: South Fork Union School District
Represented By: Anthony N. DeMaria
Represented By: Anil Pai
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Robin Shive
Represented By: Anthony N. DeMaria
Represented By: Anil Pai
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Shannon Damron
Represented By: Anthony N. DeMaria
Represented By: Anil Pai
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Karen Zurin
Represented By: Anthony N. DeMaria
Represented By: Anil Pai
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sabine Mixion
Represented By: Anthony N. DeMaria
Represented By: Anil Pai
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kern County
Represented By: Mark Lloyd Nations
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kern County Child Protective Services
Represented By: Mark Lloyd Nations
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kern County Department of Human Services
Represented By: Mark Lloyd Nations
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Linda Lopez
Represented By: Mark Lloyd Nations
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Gabriela Johnson
Represented By: Mark Lloyd Nations
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kern County Sheriff's Department
Represented By: Mark Lloyd Nations
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: James Stratton
Represented By: Mark Lloyd Nations
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Rick Koernke
Represented By: Emilio J. Huerta
Represented By: Robert J. Noriega
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sandy Koerneke
Represented By: Emilio J. Huerta
Represented By: Robert J. Noriega
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Gracie Darlene McCue
Represented By: Dennis Bernard Atchley
Represented By: Donnie Ray Cox
Represented By: Michael Jonathan Stump
Represented By: Michelle Deanne Palla
Represented By: Paul W. Leehey
Represented By: Ralph B Wegis
Represented By: Robert Ross Powell
Represented By: Shawn A. McMillan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Lawrence Gene McCue
Represented By: Dennis Bernard Atchley
Represented By: Donnie Ray Cox
Represented By: Michael Jonathan Stump
Represented By: Michelle Deanne Palla
Represented By: Paul W. Leehey
Represented By: Ralph B Wegis
Represented By: Robert Ross Powell
Represented By: Shawn A. McMillan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: P. M.
Represented By: Dennis Bernard Atchley
Represented By: Donnie Ray Cox
Represented By: Michael Jonathan Stump
Represented By: Michelle Deanne Palla
Represented By: Paul W. Leehey
Represented By: Ralph B Wegis
Represented By: Robert Ross Powell
Represented By: Shawn A. McMillan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?